Hi everyone.

Hoping for a little advice.

I have rented my property since 2015.

Over time through unemployment and poor health I developed arrears met with landlord was understanding agreed to pay whatever I could when I could.

I am 2 months behind but just paid some off this total.

I recieved a letter from him this morning he’s given me 2 days to pay all my arrears or I’m to vacate property on the 25th feb.

My question is can he do this

I ve approached him about using my deposit (which hasn’t been protected if he had )to which he told me I paid 2 months in Advance and not a deposit so therefore I wouldn’t have arrears Would I ?

So confused and worried I’m going to loose my home the house needs a lot of work and landlord has refused until my rent up to date I’m dealing with holes in window frames because they’ve rotted. Some windows don’t close.

Mould and damp and these were problems long before any rent arrears

Any advice appreciated

Many thanks.

Hi.

Other people know more than I do but I thought the standard notice period was two months for a landlord, one month for a tenant.

Do you know what kind of tenancy you have?

HB

Hi honeybee

Thanks for replying it was assured shorthold tenancy taken out in 2015 haven’t had any other

That's really odd. It sounds like he's used your deposit to cover some of the arrears as the rent is usually one month in advance. He's not supposed to touch the deposit money, so he could just be telling you that money was advance rent money. Depends on what your contract says, assuming you have one?

Hi jase. I have the agreement here. Nothing about deposit in it just the rental payment.

My understanding was 1 month deposit and 1 month rent. I did get a receipt however can’t find that. I moved in on the 1st sept and paid my rent 1st Oct. so how was it 2 months in advance ? Or does it mean that when I served notice to leave I don’t pay rent for 2 months. I don’t think there’s any protection if he took it as deposit I received no paperwork if there is. When I asked him about deposit he said it was 2 months rent I advance but didn’t matter as the amount was the same. Can he just send me a typed letter to leave or should I recieve some proper notice

Many thanks I’m so stressed over this.

Hi.

 

Other people know more than I do but I thought the standard notice period was two months for a landlord, one month for a tenant.

 

HB

You are correct.

Thank you so do I now write back stating I require 2months notice.

Many thanks

If a LL wants possession of his property, they must use the correct government forms and go through the courts, you don't have to leave on 25th...

Read on

https://england.shelter.org.uk/housing_advice/eviction/eviction_notices_from_private_landlords

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process

http://england.shelter.org.uk/housing_advice/eviction/eviction_with_a_section_8_notice

Thanks so much for that.

He s just been on my door. Asking when I’m paying my arrears i paid 300 off last week don’t think I can cope with him knocking every day as he lives next door my anxiety through the roof. As his my son s he s autistic and seeing me stressed makes him stressed.

I m going to write a letter asking him to clarify wether I paid 2 months in advance or 1 month rent and 1 month deposit and go from there as well as look for somewhere else to live.

Thank you for your help

Just to add a LL cannot evict you unless correct paper works been served so on.

A court can order a tenant to leave on such and such date, failing that a LL would have to apply for Bailiffs to remove a tenant from the property....

I would ring Shelter or CAB up for more advice, good luck....

Thank you I’m going to local CAB. I ll happily leave house in total disrepair been promised new windows for 2 years they don’t even close we have to put a towel in the gap i accept the rent arrears but until two days this was paid as up and when we could. And have made as much effort as I can Now im having daily knocks on door not just landlord today was his brother. I just don’t understand where this has come from. And can’t cope with the confrontation

Thank you all again I truly appreciate everyone’s input.

Oh final question so sorry. Am I entitled to ask in writing what my initial payment before I moved in was for as this is not in tenancy agreement. Many thanks yet again.

it should have been made clear what the deposit was and in what scheme the deposit was being protected. If he hasnt doen this then you ae entitled to take him to court for the return of your deposit and damages at the court's discretion of up to 3 times the deposit amount.

As your LL isnt abiding by other parts of housing law tehn a court wont take the matter fo the deposit not being secured lightly. Tell the CAB about this as well and start ti learn a little more about the rights and obligations of a tenant and landlord. It isnt just the 2 months notice, it is the correct service of that notice and a lot more as well.

Thank you I ve emailed my local CAB just waiting for them to come back to me with appointment. I be taken pictures of all the mould and damp which I ve been complaining about before I incurred any arrears. But now he refusing and using the arrears as the reason

Thanks so much for all advice. I’m reallly quite useless when it come to anything like this.

I'd get down to the local Council as well. They may be able to do something if the property clearly requires work, and is potentially unlivable due to the mould/damp etc. My local council were brilliant when I had issues a few years ago with a landlord.

agree, there are minimum standards under the Housing Act and the council can force LL to take action and if your notice to quit is based around your complaints then they wont get it through the courts. Being in arrears for any reason screws you up a lot though, showing a "clean pair of hands" makes a lot of difference